Last Updated: 21 May 2024
Agreement Overview
This Terms of Use ("Agreement") constitutes a legally binding agreement between Naming ("Naming", we, us, our), and the Customer ("Customer"), with regard to the access and use of Naming’s website: http://www.getnaming.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for any obligations, such as payment for services rendered, the relationship between Customer and Naming shall cease upon termination of this Agreement.
Services
1.1 The Services. We will provide name ideas and domain name suggestions to the Customer according to the package purchased and the information provided by the Customer in the Naming Discovery Survey. Work begins after we receive payment and the Customer submits the Naming Discovery Survey
1.2 Name Availability Checks. We do not guarantee the legal availability of any name. We perform name availability checks using domain searches and the United States Patent and Trademark Office (USPTO) database to assess the potential availability of names for products, services, and brands. However, these checks are not exhaustive and do not guarantee the legal availability of any name. It is the responsibility of the Customer to conduct a thorough investigation into the legal availability of any chosen names. Naming does not assume any liability for the legal availability or suitability of names suggested or provided as part of our services.
1.3 Limitations of Naming Services. There are certain things we do not name, including but not limited to brands, products, servies, and events that are offensive, infringe on intellectual property rights, or promote illegal activities. Naming reserves the right, but is not obligated, to limit the sales and use of our Services to any Customer. We may exercise this right on a case-by-case basis.
1.4 Refund Policy. In cases where we are unable to provide naming services, a full refund will be issued. Refunds for naming services will be issued at our sole discretion. Refunds will not be provided for services that have already been completed or for names that have been delivered to the Customer.
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Naming and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Naming and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Naming reserves all rights in the Website, Content and Marks.
Ownership of Materials
3.1 Ownership of Deliverables. While Naming retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all name ideas created specifically for the Customer’s project. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Naming’s underlying tools, methods, or pre-existing materials.
3.2 Availability and Purchase of Domain Names. While we ensures domain name availability during the naming process, there’s always a chance that a domain will become unavailable by the time final deliverables are sent to the Customer. Naming will not provide alternate ideas, nor will we provide a refund in this case. It is the Customer’s responsibility to purchase any domain names as desired after receiving the name and domain ideas.
User Representations
By using the Website, Customer represents and warrants that: Customer has the legal capacity and agrees to comply with these Terms of Use;Customer is not a minor in the jurisdiction of their domicile;Customer will not access the Website through automated or non-human means;Customer will not use the Website for any illegal or unauthorized purpose;Customer’s use of the Website will not violate any applicable law or regulation.
Prohibited Activities
Customers shall use the services provided by Naming solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Naming are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected.
Management and Oversight
We reserve the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Naming further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability. All decisions regarding the management of the Website shall be at the sole discretion of Naming and shall be designed to protect Naming’s rights and property.
Modifications
Naming reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Naming reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. We reserve the right to modify or discontinue all or part of the Website without notice and without liability to Customer.
Interruptions and Delays
8.1 Website Interruptions. Naming does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond our control. Customer agrees that Naming shall not be liable to Customer for any loss, damage or inconvenience caused by Customer’s inability to access or use the Website during any interruption in the connection or service.
8.2 Service Interruptions and Delays. There may be occasions where service interruptions or delays occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.
In the event of such interruptions or delays, Naming shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and delays and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Iowa without regard to conflict of law principles.
Limitations of Liability and Indemnification
Naming, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the Services. Customer agrees to defend, indemnify and hold harmless Naming from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.
Customer Data
The Customer is responsible for providing all necessary data and materials required for Naming to perform its services. This includes, but is not limited to, specific project requirements, content, or any other information relevant to the completion of the services.
Customer is solely responsible for all data transmitted to or that relates to any activity Customer has undertaken using the Website. Naming shall have no liability to Customer for any loss or corruption of any such data and Customer hereby waives any right of action against Naming from any such loss or corruption.
Electronic Communications and Transactions
Customer consents to receive electronic communications from Naming and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
Showcasing Work
Naming reserves the right to share and showcase work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information. The Customer reserves the right to issue an NDA between themselves and Naming, which in turn would void the right of Naming to share or discuss the Customer’s work publicly.
Contact Information
For any questions regarding these Terms, please contact us at hello@getnaming.com